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B-281600 1 (1999-03-08)

handle is hein.gao/gaocrptajhk0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Interproperty Investments, Inc.

             File:       B-281600

             Date:       March 8, 1999

             W. Blaine Early, III, Esq., Stites & Harbison, for the protester.
             Gary W. Napier, Esq., and Jill Osborne Edwards, Esq., Napier, Reece & Associates,
             for Bimble, an intervenor.
             John C. Ringhausen, Esq., General Services Administration, for the agency.
             C. Douglas McArthur, Esq., and Michael R. Golden, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             Where agency advertised requirement for lease space in two local newspapers, as
             prescribed in General Service Administration regulations, and denies any deliberate
             attempt to exclude protester from competing, its failure to solicit incumbent lessor
             does not warrant sustaining protest, where agency otherwise obtained full and open
             competition and a reasonable price.
             DECISION

             Interproperty Investments, Inc. protests the award of a contract to Bimble under
             solicitation for offers (SFO) No. 7KY0036, issued by the Southeast Sunbelt Region of
             the General Services Administration (GSA). Interproperty asserts that the agency
             deliberately excluded Interproperty, the incumbent lessor, from the competition.

             We deny the protest.

             The protester currently leases some 13,000 square feet of office space to the Mine
             Safety and Health Administration (MSHA). In late 1996, the agency issued a SFO
             for a new lease (17,575 square feet), to which the protester responded; the agency
             subsequently canceled the solicitation because MSHA was undergoing a
             reorganization, which made its requirements uncertain. Letter from MSHA to
             Contracting Officer (Apr. 23, 1997). The protester did not object, in view of the
             agency's decision to extend the existing lease for another year, with two 1-year
             option periods. Affidavit of Gregory Parsons, Nov. 25, 1997, at 2.

             In January 1998, MSHA submitted a new request to lease 17,035 square feet of office
             space in the Barbourville, Kentucky area. The agency placed advertisements in the
             February 5 Mountain Advocate, a local Barbourville paper, and in the Sunday,
             February 8 Cincinnati Enquirer, which circulates in northern Kentucky. The

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